People v. Landau
199 Cal. App. 4th 31
| Cal. Ct. App. | 2011Background
- Landau, an SVP, was committed to DMH for an indeterminate term in 2009.
- An annual 6605(a) evaluation concluded Landau no longer poses a danger and could be treated in a less restrictive setting.
- The hospital director disagreed and did not authorize filing a petition under 6605(a) or 6605(b).
- Landau filed a petition for unconditional discharge under 6605 and 6608 in 2010, attaching the evaluator’s report.
- The superior court denied the petition as frivolous under 6608, not treating it as a 6605 petition authorized by DMH, and did not hold a probable cause show-cause hearing.
- The court of appeal reversed, holding the petition should have been treated as 6605 with DMH authorization and remanded for a probable cause hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does DMH authorization be required for a petition when annual 6605(a) finds no SVP danger? | Landau asserts 6605(b) requires authorization if annual report says no longer SVP. | People argues director may authorize or deny; lack of authorization bars 6605 petition. | Yes; authorization is required by 6605(b) when annual report concludes no longer SVP. |
| Should the petition be treated as 6605 rather than 6608 when DMH authorization is lacking? | Landau contends the petition should be treated under 6605 due to the annual report. | People contends without authorization, 6608 applies and the petition is frivolous. | The petition must be treated as 6605 filed with authorization; otherwise remand for probable cause hearing. |
| What is the proper remedy on remand given misclassification of the petition? | Landau seeks probabilistic show-cause hearing under 6605. | People contends petition may be denied as frivolous. | Remand to treat petition as 6605 and conduct a show-cause hearing under 6605(b) with probable cause review. |
Key Cases Cited
- People v. Dean, 174 Cal.App.4th 186 (Cal. App. 2009) (SVPA procedures and community protection focus)
- People v. Allen, 44 Cal.4th 843 (Cal. 2008) (SVPA identification and commitment framework)
- People v. McKay, 27 Cal.4th 601 (Cal. 2002) (statutory interpretation of parallel language in 6605(b))